JUDGMENT :

A.C. RAO, J.

1. This appeal is at the instance of the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) questioning the legality and validity of the judgement and order of acquittal dated 17.05.1994, passed by the Additional Sessions Judge, Surat, in the Sessions Case No.142 of 1992. The Sessions Court has acquitted all the respondents – accused from the charges levelled against them for the offences punishable under Sections 498A, 304B, 302 read with Section 114 of the Indian Penal Code (for short “the IPC”).

2. At the outset, it may be noted that the respondent No.2 – Chhanabhai Makanbhai Retiwala, having expired pending the appeal, the appeal stood abated qua the said respondent No.2, as per the order passed by the Court.

3. The facts leading the present appeal are that, the respondent/accused No.1 - Deepakkumar was the husband of the deceased – Hemu. Both had married 10 months before the alleged incident. The respondent/accused No.2 – Chhanabhai was the father of the respondent No.1. The respondent/accused No.3 – Jashvantbhai Mangubhai Pardiwala is brother-in-law of the respondent No.1 and the respondent/accused No.4 –